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Resolution No. 2021-028RESOLUTION NO. 2021-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON SEPTEMBER 14, 2021, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW SECTION 1. Recitals. A. A Special Municipal Election was held in the City of Vernon, California, on Tuesday, September 14, 2021, for the purpose of submitting to the voters the proposal to recall Council Members William Davis and Melissa Ybarra, and if said Council Members were recalled, to elect successors. B. Notice of the Election was given in time, form and manner as provided by law; candidates were nominated to fill the vacancy as required by law; voting precincts were properly established; election officers were appointed; and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the City Charter, Municipal Code, and Elections Code of the State of California for the holding of elections in charter cities. C. The City Clerk canvassed the returns of the election and has certified the results to the City Council, which certification and results are receiv ed, attached and made a part hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The whole number of ballots legally cast for the Special Municipal Election held on September 14, 2021, was 77. SECTION 4. The ballot consisted of the following recall questions: Shall William Davis be recalled (removed) from the office of City of Vernon Council Member? Shall Melissa Ybarra be recalled (removed) from the office of City of Vernon Council Member?         Resolution No. 2021-28 Page 2 of 4 _______________________ SECTION 5. The names of the persons voted for at the Special Municipal Election should William Davis be recalled, in order as they appeared on the official ballot, are as follows: Diana Gonzales SECTION 6. The names of the persons voted for at the Special Municipal Election should Melissa Ybarra be recalled, in order as they appeared on the official ballot, are as follows: Carol Menke SECTION 7. The City Clerk canvassed the returns of the election and certified the results to the City Council, which certification and results are received and accepted, attached and made a part hereto as Exhibit A. SECTION 8. The City Council of the City of Vernon hereby declares the following election results: William Davis was not recalled from office. Diana Gonzales was not elected as member of the City Council to fill the seat vacated by the recall of William Davis for the partial term ending April 2023. Melissa Ybarra was not recalled from office. Carol Menke was not elected as member of the City Council to fill the seat vacated by the recall of Melissa Ybarra for the partial term ending April 2022.         Resolution No. 2021-28 Page 3 of 4 _______________________ SECTION 9. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 5th day of October, 2021. _____________________________ MELISSA YBARRA, Mayor ATTEST: __________________________________ LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ___________________________________ ZAYNAH N. MOUSA, Interim City Attorney I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2021-28 was passed and adopted by the City Council of the City of Vernon at the Regular meeting on October 5, 2021 by the following vote: AYES: 5 Council Members: Larios, Lopez, Merlo, Davis, Ybarra NOES: 0 ABSENT: 0 ABSTAIN: 0 ________________________________ LISA POPE, City Clerk (seal)         EExhibit A CITY OF VERNON SEPTEMBER 14, 2021 SPECIAL MUNICIPAL ELECTION CERTIFICATION OF CANVASS I, Lisa Pope, City Clerk of the City of Vernon, California, do hereby certify that I have canvassed the returns of the Special Municipal Election held on September 14, 2021, and find that the number of votes cast were as follows: TO RECALL WILLIAM DAVIS 1st Count September 14, 2021 2nd Count September 16, 2021 3rd Count September 23, 2021 Total Yes 13 2 0 15 No 54 3 2 59 Total Votes 67 5 2 74 TO ELECT DIANA GONZALES if Davis is recalled 1st Count September 14,2021 2nd Count September 16,2021 3rd Count September 23,2021 Total 16 2 0 18 Total Votes 16 2 0 18 TO RECALL MELISSA YBARRA 1st Count September 14, 2021 2nd Count September 16, 2021 3rd Count September 23, 2021 Total Yes 15 2 2 19 No 53 3 0 56 Total Votes 68 5 2 75 TO ELECT CAROL MENKE if Ybarra is recalled 1st Count September 14,2021 2nd Count September 16,2021 3rd Count September 23,2021 Total 18 2 0 20 Total Votes 18 2 0 20 Registered Voters 119 These results are official and reflect all ballots received. The results will be certified at the Regular City Council meeting on October 5, 2021. Lisa Pope, City Clerk September 23, 2021 Voted Ballots Voter Turnout 77 65% Resolution No. 2021-28 Page 4 of 4 ___________________         City Council Agenda Item Report Agenda Item No. COV-689-2021 Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: October 5, 2021 SUBJECT Results of the City of Vernon September 14, 2021 Special Municipal Election Recommendation: Adopt Resolution No. 2021-28 reciting the facts of the Special Municipal Election held on September 14, 2021, declaring the results and such other matters as provided by law. Background: On May 18, 2021, the City Council adopted Resolution No. 2021-10 calling the Special Municipal Election for the submission of the question of the recall of William Davis and Melissa Ybarra and the election of two City Council Members to fill the vacancies if the recall prevails. On September 14, 2021, the Special Municipal Election was held in conformance with the City Charter, Vernon Municipal Code, California Election Code, and the Federal Voting Rights Act. Ballots received as of close of polls on Election Day were canvassed on Election Night, a second canvass was conducted on September 16, 2021 and a third canvass conducting on September 23, 2021. Pursuant to Elections Code Section 10263, the City Council must adopt a resolution reciting the facts of the election. The Certificate of Canvass, Exhibit A to the resolution, declaring the results of the election, provides details of the results including the total of votes cast for and against the recall of Council Members William Davis and Melissa Ybarra and the election of City Council candidates Diana Gonzales and Carol Menke. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Resolution No. 2021-28